Even in situations in which liability for an east Texas car accident is clear, there are several factors which can potentially jeopardize the plaintiff’s case. For example, if a plaintiff has pre-existing medical conditions, this can be a factor considered by the jury in determining whether the physical problems about which the plaintiff complains were truly caused by, or at least aggravated by, the crash.
If the jury is of the opinion that the defendant is not to blame for the plaintiff’s current physical condition, the plaintiff will not be able to recovery money damages, even if the defendant admits to being at fault in the wreck.
Facts of the Case
In a recent case (Court of Appeals for the Second District of Texas; No. 02-18-00121-CV), the plaintiff was a woman whose car was rear-ended by the defendant motorist as the plaintiff was traveling in heavy traffic on the interstate. The plaintiff sued the defendant motorist, as well as the plaintiff’s own uninsured/underinsured motorist insurance carrier, seeking monetary compensation for past and future medical-care expenses, impairment, pain, and mental anguish. Continue Reading